Sales, Use, Accommodations And Local Sales Tax Booklet - Forms And Instructions - South Carolina Department Of Revenue - 2014 Page 14
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86ESSENTIAL INFORMATION FOR FORM ST-388
(Rev. 12/5/13)
Please read carefully and keep this information in a convenient place for future reference.
WHO MUST FILE
Any person liable for sales tax on accommodations is required to file form
Form ST-3T: Accommodations Report by County or Municipality for
ST-388 to report any sales and use tax in this State. As a general rule, such
Sales and Use Tax: This form is used for reporting accommodations tax by
person is required to obtain a retail license from the South Carolina
counties or municipalities when taxpayer owns or manages rental units in
Department of Revenue (Department). However, a person furnishing
several counties or municipalities. A taxpayer who owns or manages rental
accommodations to transients for one week or less in any calendar quarter is
units in more than one county or municipality is required to report separately
not required to obtain a retail license, but must remit the tax annually by April
the total gross proceeds from business done in each county or municipality.
15th of the following calendar year. If you are licensed with the Department
The ST-3T must be submitted with the ST-388 even if you only have rental
for purposes of filing a return to remit sales tax on accommodations, you
units in the county/municipality where your business is located.
must file a return even if there is no tax due for the period. Enter zero “0” on
lines 1, 1A, 1B, and 3 of Column A, B and C only on the front of ST-388, if
ST-8A: Resale Certificate: The resale certificate form is used by retailers
you do not have sales and/or purchases to report for the period. For
(purchasers) to purchase tax-free at wholesale items that are to be resold.
information relating to a convenient and paperless method of filing certain
This certificate is extended by the purchaser to the seller who maintains the
returns via touchtone telephone (filing zero “0” returns), contact the
certificate on file as evidence that the sales transaction is not subject to the
Department by E-mail at or by telephone at (803)
tax. It is not required that the form ST-8A be used as long as the certificate
898-1715.
presented to the seller contains the purchaser's name, address, and retail
sales tax license number. Also, it is not necessary that a certificate be
WHEN TO FILE
extended each time a sale is made. A resale certificate should not be used
by a retailer to purchase products for their own use.
Sales and Use Tax returns are due on or before the twentieth (20th) day of
the month following the close of the period ended. Example:
ST-14: Claim For Refund: If you have overpaid your sales/use tax on your
return, you should file a claim for refund in the form of a letter or by using the
Monthly filers: (Return must be received/postmarked by the 20th)
enclosed form ST-14, Claim for Refund, and file amended (corrected) figures
January reporting period - no later than February 20.
for the periods requested. Do not take a credit on the sales and use tax
February reporting period - no later than March 20.
return for any overpayments. The claim for refund should specify: the
March reporting period - no later than April 20, etc.
name, address, and telephone number of the taxpayer or contact person; the
December reporting period - no later than January 20 (of the next year).
appropriate taxpayer identification number(s); the tax period or date for
Note: To request a change in your filing status (monthly, quarterly, annual or
which the tax was paid; the nature and kind of tax paid; the amount which is
seasonal) a written request must be made to the South Carolina Department
claimed as erroneously paid; a statement of facts and documentation
supporting the refund position; a statement outlining the reasons for the
of Revenue. The request must be approved before a return and remittance
claim, including any law or other authority upon which you rely; and any
can be made for the filing status being requested.
other relevant information that the Department may reasonably require.
Quarterly Filers: (Return must be received/postmarked by the 20th)
C-278: Account Closing Form: When closing or selling your business, you
First Quarter (January, February, March) reporting period - no later than
are required by law to return your sales and use tax license to the
April 20.
Department of Revenue indicating the date of closing. Complete Form C-278
Second Quarter (April, May, June) reporting period - no later than July
when closing your business. You must file all returns and pay all taxes due.
20.
If you sell your business, the new owner will not be issued a new license
Third Quarter (July, August, September) reporting period - no later than
until taxes due for that location have been paid. A change in ownership will
October 20.
require the new owner to complete a form SCDOR-111, Tax Registration
Fourth Quarter (October, November, and December) reporting period -
Application, and remit the appropriate license tax. The SCDOR-111 is
no later than January 20 (of the next year).
available on our website at
Annual Filers: (Sales for the entire year)
December return must be received/postmarked no later than January 20 (of
SC8822: Change of Name/Address/Business Location: Any change of
the next year).
location requires that written notification be sent to the Department of
Revenue by submitting form SC8822.
Seasonal Filers: Seasonal filers are required to file returns only for those
months scheduled to be reported. Returns must be received/postmarked no
Change in Ownership: Any change in ownership will require a new owner
later than the 20th of the next month.
to complete a Business Tax Application, Form SCDOR-111 and remit the
appropriate license fee. The SCDOR-111 is available on our website at
FILING STATE AND LOCAL OPTION
However, if you would like to obtain a license online (via the
internet), go to SC Business One Stop, SC’s Business Portal:
SALES AND USE TAX FORMS
ST-388: State Sales, Use and Accommodation Tax Return: This form is
Filing an Amended Sales and Use Tax Return: Instructions for filing an
to be used by any person in the business of furnishing accommodations,
amended State and Local Sales and Use Return for South Carolina are as
whether such person is the owner or a real estate agent, listing service,
follows:
broker,
online
travel
company,
or
similar
entity
handling
the
accommodations. It is used for reporting the State Sales and Use tax on
Check the “Amended Return” box on the top of your State sales and
sales and purchases of tangible property, upon sales of accommodations
use tax return (e.g., ST-3, ST-388, ST-403 or ST-455). If there is no
and additional guest charges and local taxes imposed on such sales as
check box at the top of the return to indicate this is an amended return,
administered by the SC Department of Revenue.
be sure to write “Amended” at the top of the return. If your local sales
and use tax return (e.g., ST-389) will change, write “AMENDED”
A person liable for sales tax on accommodations is required to file form
across the top of the form.
ST-388 to report any sales and use tax in this State. As a general rule, the
When filing an amended return, be sure to complete your return as if it
person liable for the sales tax on accommodations is required to obtain a
were an original return. In other words, complete the amended return
retail license from the South Carolina Department of Revenue (Department).
as if you were filing it for the first time. DO NOT complete the amended
However, a person furnishing accommodations to transients for one week or
return with figures that represent the difference between the original
less in any calendar quarter is not required to obtain a retail license, but
amounts reported on the return and the amended amounts to be
must remit the sales tax annually by April 15th of the following year.
reported on a return.
If using a copy of the original return, draw a line through any incorrect
ST-389: Schedule for local Taxes: You are required to file form ST-389 to
or wrong amounts as they appear on the original return reported and
report the appropriate local sales and use tax to a county or municipality
write down the correct amounts as they should have appeared on the
based upon sales or deliveries within the county or municipality. You are
return.
required to file this form when:
If you filed an amended return on or by the due date of your original tax
(1) Your business is located in a county that imposes the tax or
return, or if you filed an amended return after the due date of an
originally filled return which was timely filed and paid, recalculating the
(2) Your business delivers to a county or municipality with local
taxpayer’s discount may be necessary.
tax regardless of whether your business is or is not located
If you underpaid your taxes when filing an amended return, verify your
in a county that imposes a local tax
computations of the underpayment amount and send the additional tax
due with applicable penalties and interest. Penalty and Interest
The various local taxes reportable on the ST-389 are indicated on specific
calculations are available on our website, under the link
pages of form ST-389. The ST-389 is not used to report local taxes on sales
P & I Calculator. If you overpaid your taxes, see Form ST-14 (Claim for
of accommodations or on sales of prepared meals that are collected directly
Refund) for additional information.
by the counties.
Sign and date the amended return.
ST-389A: Local Option Addendum: Use this form if you need more space
All forms pertaining to sales and use tax may be found on our website or by
for reporting the local option tax located on page 6 of ST-389. You must
calling (800) 768-3676 or (803) 898-5788.
enter the applicable county/municipality code listed on the reverse side when
reporting the local option tax.
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